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A bill to be entitled

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An act relating to data theft; amending s. 815.04, F.S.;

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providing that the knowing or negligent transfer of data

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from one computer to another without the written consent

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of the owner in the course of providing computer

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maintenance or support is an offense against intellectual

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property, a third-degree felony; defining the term

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"negligently" for purposes of such offense; providing for

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civil liability of the person performing the maintenance

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or support and his or her employer; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 815.04, Florida Statutes, is amended to

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read:

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     815.04  Offenses against intellectual property; public

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records exemption.--

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     (1)(a) Whoever willfully, knowingly, and without

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authorization modifies data, programs, or supporting

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documentation residing or existing internal or external to a

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computer, computer system, or computer network commits an offense

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against intellectual property.

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     (b)(2) Whoever willfully, knowingly, and without

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authorization destroys data, programs, or supporting

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documentation residing or existing internal or external to a

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computer, computer system, or computer network commits an offense

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against intellectual property.

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     (2)(a) Whoever, in the course of providing computer

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maintenance or support to a customer, knowingly or negligently

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transfers personal data from one computer to another without the

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express written permission of the data owner commits an offense

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against intellectual property. In addition to criminal penalties,

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the person performing the maintenance or support and his or her

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employer are subject to civil liability for a violation of this

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subsection. An injured customer has a cause of action for damages

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as provided in s. 772.104.

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     (b) For purposes of this subsection, the term "negligently"

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means transferring data without taking the proper precautions to

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ensure that an unauthorized transfer does not occur or failing to

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take appropriate measures following maintenance or support to

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ensure that an unauthorized data transfer does not occur.

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     (3)(a)  Data, programs, or supporting documentation which is

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a trade secret as defined in s. 812.081 which resides or exists

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internal or external to a computer, computer system, or computer

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network which is held by an agency as defined in chapter 119 is

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confidential and exempt from the provisions of s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution.

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     (b)  Whoever willfully, knowingly, and without authorization

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discloses or takes data, programs, or supporting documentation

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which is a trade secret as defined in s. 812.081 or is

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confidential as provided by law residing or existing internal or

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external to a computer, computer system, or computer network

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commits an offense against intellectual property.

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     (4)(a)  Except as otherwise provided in this subsection, an

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offense against intellectual property is a felony of the third

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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     (b)  If the offense is committed for the purpose of devising

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or executing any scheme or artifice to defraud or to obtain any

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property, then the offender commits is guilty of a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     Section 2.  This act shall take effect July 1, 2008.